Landmark court case sees council reviewing DHP awards
People with disabilities could be set to receive an increase in financial help after a court ruling last week.
Following a High Court ruling that routinely considering DLA when calculating DHP awards is unlawful, councils are reviewing all of the awards made for discretionary housing payments to disability living allowance recipients, reports Inside Housing.
The judgment saw the court quashing Sandwell Council’s decision to lower its DHP award to a bedroom-tax hit couple due to them receiving DLA. In light of the ruling Sandwell Council and the London borough of Kingston upon Thames have said they’re reviewing their DHP caseloads.
The couple live in a three bedroomed specially adapted property and took a judicial review against the local authority in October 2013, arguing that its decision was discriminatory.
The judgement said: ‘The council’s policy of always taking into account DLA as income when assessing awards of DHP, as reflected in the Sandwell policy, fails to have due regard to the DHP guidance, constitutes a failure to exercise the council’s discretion and fetters any future exercise of that discretion.’
The court also ruled that Sandwell Council had discriminated against the couple.
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